Tag Archives: warrant

House Judiciary Committee Approves Email Privacy Act

In a unanimous vote, the House Judiciary Committee approved the Email Privacy Act, a long-awaited update to the 30-year-old Electronic Communications Privacy Act (ECPA).  The proposed changes would strengthen the privacy protections for email and other cloud-storage services by closing a loophole that allowed law enforcement to access older data without obtaining a warrant.  The … Continue Reading

Canada’s Highest Court Rules That Police Can Search Cell Phone Contents After Arrest

By Lala Qadir The Supreme Court of Canada recently issued a 4-3 decision that gave the police a green light in conducting warrantless searches of an arrestee’s cell phone as long as the search is directly related to the suspected crime and records are kept.  Over three dissenting judges that characterized mobile phones as “intensely … Continue Reading

Rep. Lofgren Introduces Legislation to Update ECPA

Last Friday, Rep. Zoe Lofgren (D-CA) introduced the ECPA 2.0 Act, H.R. 6529, which would strengthen the legal standards for law enforcement to gain access to electronic communications and location information.  The Electronic Communications Privacy Act (ECPA) is more than 25 years old and is widely seen as needing modernization to address changes in digital … Continue Reading

California Legislature Bans Warrantless Location Tracking

Last week, the California legislature passed one of the nation’s most restrictive bills governing law enforcement’s ability to access location information.  Under the California Location Privacy Act, state and local government agencies would be required to secure search warrants before obtaining historical or current location information for any electronic device.  The California bill would curtail … Continue Reading

Federal Court Finds Warrant Required to Obtain Cell-Phone Locations

Government officials must seek a warrant to compel the disclosure of cell phone location data, a federal district court ruled, holding that a federal law allowing the government to obtain some information without a warrant violates the Fourth Amendment. In a one-page order upholding a magistrate judge’s decision, U.S. District Judge Lynn N. Hughes, of … Continue Reading
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